Has anyone successfully had a CCJ removed by consent?

dyrm95

Hi all,
I previously noticed a CCJ registered against me which I was not aware of at the time. I contacted the claimant and informed them that I had not received any paperwork regarding the CCJ before it appeared on my credit file, which I then found incidentally. After doing some research I have come across the process of:

• applying for a CCJ to be set aside via N244 form, or
• by consent order signed by the claimant.

The claimant has responded to me via email and told me that they have no issue with the CCJ being removed and advised that I seek legal assistance with getting this done, I presume they mean to draft formal consent order. My concern is that the CCJ was registered in April 2019 and I'm very conscious that this was a year and a half ago.
Given that myself and the claimant is agreeing for the judgement to be cancelled, how likely is it that the judge will actually cancel it or set it aside?
I have noticed some harsh comments on older threads, I'd appreciate it if those could be left out but please do give an honest opinion of what you think the outcome might be. It's stressful enough dealing with this as it is.

Thanks for reading

DCFC79

How were you not aware of it at the time ?
Had you moved addreßes ?
I dont believe you can get it set aside.

ciderboy2009

You can try to get it set aside by consent but most District Judges are aware that this is a method used to remove judgments that were registered correctly.  They are therefore going to want a lot of information about why you weren't aware of the debt, court proceedings and judgment at the relevant times.

Even if you have got valid reasons there is a possibility that they won't allow the consent order.

dyrm95

Yes, I had moved addresses the year before. However, I didn’t update it with the loan company. I completely forgot to do so. I was, however, on the electoral register and registered for tax etc at my new address of that counts for anything?

HummingBird76

dyrm95 said:

Yes, I had moved addresses the year before. However, I didn’t update it with the loan company. I completely forgot to do so. I was, however, on the electoral register and registered for tax etc at my new address of that counts for anything?

Unfortunately its not up to the loan company to figure out whether you've moved.  Did you not realise that you weren't making payments anymore?  I don't think you're going to have much luck to be honest.

dyrm95

I think I’ll give it a go regardless. It’s worth the shot because the CCJ still has more than 4 years left. I’ll speak to a solicitor to help as much as possible. If it works - amazing. Otherwise, at least I tried. I’ll post an update here with an outcome in future.

Thrugelmir

Rather than waste money on a solicitor use it to repay the debt. 

ratechaser

It does happen from time to time with parking charge related CCJs - take a look at threads on the Parking sub forum. Although I suspect that's because the parking companies are money grabbing scumbags that realise that they are on legally dodgy ground and are happy to set aside as long as they get the inflated charges that went into the judgement...

bamgbost

i have had defaiuts removed. but not ccj!

[Deleted User]

Do you owe the money (regardless of any excuse)? Because if you do, the judge won't set aside anything. Why would a loan company also consent? Surely they have a CCJ and should be enforcing the debt. 

MalMonroe

For some free advice you could look at StepChange's very comprehensive page about CCJs. 

 https://www.stepchange.org/search-results.aspx?search=ccj

Or you could even call them and have a chat. It's a free number so you really can't lose. 

• 0800 138 1111 Monday to Friday 8am to 8pm and Saturday 8am to 4pm

They also have a webchat service during the week & Saturdays.

The people at StepChange really know their stuff and they aren't judgemental. Which sadly can't always be said of peeps on here (as you have discovered).